(hereinafter also "T&C")
CherryPeak s.r.o.
registered office: Južná trieda 4B, 040 01 Košice – city district Juh
Company ID (IČO): 55 025 111
registered in the Commercial Register of the City Court Košice, Section: Sro, Insert No.: 55373/V
(hereinafter referred to as the "Provider")
1.1 These Terms and Conditions apply to all legal relationships between the Provider and the User that relate to and arise in connection with the provision and use of the Memry mobile application.
1.2 By using the service in the Memry application, the User declares that they have familiarized themselves with and agree to the content of these Terms and Conditions, thereby concluding a service provision agreement between the Provider and the User pursuant to these Terms and Conditions.
2.1 Memry Application (hereinafter referred to as the “Application”) is an information society service operated by the Provider that enables Users to create interactive forms of postcards (hereinafter referred to as “Postcards”), including through the use of augmented reality (AR) tools or video, accessible via a graphical data representation (QR code) on the postcard.
2.2 User means any natural or legal person who uses the services of the Application.
2.3 Payment Method means any form of cashless payment accepted by the Provider through the payment system implemented in the Application; the payment method may include, in particular but not exclusively, payments via credit cards, debit cards, bank transfers, mobile payment systems, or other electronic payment instruments.
2.4 Provider’s Website means the website www.memry.sk.
3.1 The services of the Application may be used via a web browser on any device with an internet connection.
3.2 The services of the Application are provided to the User on the basis of completing an order form on the Provider’s website, including entering text, uploading a photograph (image) of the postcard, uploading a video subsequently accessible via a QR code, providing mandatory information necessary for the creation and distribution of the postcard, and paying the service fee.
3.3 The User acknowledges that once an order has been submitted, it cannot be cancelled.
3.4 The User acknowledges that the video accessible via the QR code on the postcard is not locked for third parties. The User is solely responsible for the content entered or uploaded into the Application and declares that they are authorized to decide on the disclosure of personal data and personal expressions of third parties. The User is liable for any damage caused by unauthorized disclosure.
3.5 When using the services of the Application, the User is required to provide an email address to which the order confirmation will be sent. The User may grant consent to receive notifications regarding the status of the order and/or service updates.
3.6 The Provider is entitled to refuse the provision of the service, in particular due to inappropriate content that could lead to the violation of fundamental rights and freedoms, harm to health, or the breach of legal, ethical, or moral standards.
3.7 Display and interactive use of the postcard is possible on devices equipped with Android or iOS operating systems with an internet connection.
3.8 Only persons aged 18 or older may use the Application; younger persons confirm, by using the Application, that they have obtained the consent of their legal guardian.
3.9 The User is entitled to use the Application only in accordance with these Terms and Conditions.
3.10 The Application is a copyrighted work within the meaning of Act No. 185/2015 Coll., the Copyright Act. The Provider grants the User a non-exclusive license solely for the purpose specified in Section 2.1 of these Terms and Conditions.
3.11 The User is obliged to refrain from any interference with the Application, in particular decompilation, disassembly, or other reverse engineering. In the event of a breach, the Provider is entitled to terminate the provision of services.
3.12 The Provider reserves the right to change or terminate the provision of Application services at any time.
3.13 The Provider provides no warranties regarding uninterrupted operation of the Application or technical support.
3.14 The Provider is not liable for damage caused by Application unavailability unless caused intentionally or by gross negligence.
3.15 The Provider guarantees the availability of the video via the QR code for a period of one year from the date of postcard creation; thereafter, the video may be archived.
4.1 The Provider processes all received postcard orders continuously and issues printing and delivery instructions daily at 5:00 a.m.
4.2 Printing and delivery of postcards is ensured by Slovenská pošta, a.s., with its registered office at Partizánska cesta 9, 975 99 Banská Bystrica, ID No.: 36 631 124.
4.3 Printing and delivery of postcards are governed by the general terms and conditions of the Postal Service, available on its official website.
4.4 The Provider is not responsible for the printing and delivery of postcards carried out by the Postal Service.
5.1 The price of the Memry service consists of the price for creating the postcard and the price for its printing and distribution according to the Provider’s price list.
5.2 The price is deemed paid at the moment the payment is successfully processed through the payment gateway.
6.1 Payments are processed by the payment system provider, Stripe.
6.2 The User’s payment data are processed exclusively by the payment system provider in accordance with its terms; the Provider has no access to such data.
7.1 The User is entitled to submit a complaint by sending it to the Provider’s registered office address or by email to info@memry.sk.
7.2 The Provider is not liable for damages caused in particular by internet connection outages or communication network failures.
8.1 These Terms and Conditions enter into force and effect on 12 December 2025.
8.2 The Provider reserves the right to amend these Terms and Conditions at any time by publishing the updated or new version on its website.
8.3 Legal relationships between the Provider and the User not governed by these Terms and Conditions are governed by the applicable laws of the Slovak Republic.
8.4 Any disputes between the Provider and the User shall be decided by the courts of the Slovak Republic.
8.5 Information on the processing and protection of Users’ personal data is available on the Provider’s website.